ADOPT Act of 2025
- Sponsor
- Rep. Aderholt, Robert B. [R-AL-4]
- Committees
- Judiciary Committee (primary)
- Last action
- Nov 20, 2025
Bottom line
The ADOPT Act of 2025 creates new federal criminal penalties for unlicensed adoption intermediary services, certain adoption advertising, and excessive early payments to placing parents, with the goal of regulating private domestic interstate adoptions and preventing exploitation.
What it actually does
This bill amends title 18, United States Code, to establish new federal criminal offenses for certain unlawful adoption practices. Specifically, it criminalizes knowingly providing adoption intermediary services or placing adoption advertisements for compensation without being a licensed or approved entity, and knowingly providing more than $2,500 in value to a placing parent in connection with a birth and adoption before the parent consults with a licensed agency or attorney. The bill aims to protect individuals and families from exploitation in private domestic interstate adoptions and prevent the commodification of children.
Proponents argue
Supporters argue the bill is crucial for protecting vulnerable individuals and families, particularly birth parents and prospective adoptive parents, from exploitation by unlicensed intermediaries. They contend it ensures adoptions are handled by regulated professionals, preventing the commodification of children and promoting ethical practices in private domestic interstate adoptions, thereby safeguarding the integrity of the adoption process.
Opponents contend
Critics might argue that while the intent to prevent exploitation is valid, the bill could inadvertently create barriers to adoption by overly restricting legitimate, albeit less traditional, avenues for connecting placing parents with prospective adoptive parents. Some might also raise concerns about the federalization of adoption practices, which have traditionally been regulated at the state level, and the potential for unintended consequences on the availability or affordability of adoption services.
The bill is relatively short and clearly structured, making it accessible for an informed reader to evaluate within a reasonable timeframe.
Section 3(b)
Criminalization of Unlicensed Adoption Intermediary Services
This provision makes it a federal crime to knowingly provide 'adoption intermediary services' for compensation, unless the provider falls under specific exceptions. These exceptions include public child-placing agencies, private licensed child-placing agencies, attorneys licensed in the state where services are provided, or certain accredited intercountry adoption providers. Adoption intermediary services involve soliciting or linking placing parents and prospective adoptive parents for adoption.
Supporters argue
Supporters argue this provision directly addresses the problem of 'bad actors' in the adoption market who exploit vulnerable birth parents and prospective adoptive parents for profit without proper oversight. They contend it ensures that only qualified, regulated professionals handle the sensitive process of adoption, thereby protecting all parties involved and upholding the integrity of the adoption system.
Critics contend
Some critics might argue that this provision could limit options for prospective adoptive parents and placing parents, especially in states where licensed agencies are scarce or have long waiting lists. They might contend that some unlicensed intermediaries provide valuable services, and a blanket criminalization could inadvertently harm families seeking adoption, potentially driving some practices underground.
Tradeoffs
The provision balances the goal of protecting vulnerable parties from exploitation with the potential for limiting access to adoption services or increasing costs by restricting the pool of providers.
Section 3(c)
Criminalization of Unlicensed Adoption Advertising
This provision makes it a federal crime to knowingly place an 'adoption advertisement' for compensation, with exceptions for licensed agencies, attorneys, certain non-profits, and intercountry adoption providers. Adoption advertising is defined broadly to include solicitations for prospective adoptive parents or placing parents, or offers to disburse things of value in connection with a birth or adoption.
Section 3(d)
Criminalization of Unauthorized Excessive Payments to Placing Parents
This provision makes it a federal crime to knowingly provide anything of value (money, property, or services, including medical care) exceeding $2,500 to a placing parent in connection with a birth and adoption, *before* the placing parent consults with a private licensed child-placing agency or a licensed attorney in their state. Exceptions apply for payments made by or in cooperation with licensed agencies/attorneys or public agencies.
This subsection outlines the circumstances under which the federal offenses for unlawful adoption practices (intermediary services, advertising, and unauthorized payments) apply. These include travel in interstate or foreign commerce, use of interstate/foreign commerce instrumentalities (like the internet or wire communications), or conduct affecting interstate commerce.
Section 3(e)
Why it matters:This is standard legislative practice for establishing federal jurisdiction over crimes that might otherwise fall under state purview. It ensures the bill's constitutionality under the Commerce Clause.
Case for: Supporters argue that clearly defining the federal nexus is essential to ensure the law can be effectively applied to interstate adoption practices, which often involve parties in different states. Without this, the federal government would lack the authority to prosecute these crimes.
Case against: Critics might argue that the broad interpretation of 'affecting interstate commerce' could lead to federal overreach into matters traditionally handled by states, potentially creating a complex patchwork of state and federal regulations for adoption.
Estimated impact: This provision enables the federal government to prosecute the specified adoption offenses, significantly expanding the scope of federal involvement in private domestic adoptions.